It is not uncommon for me to receive an inquiry in which a lawyer asks what can be included in a particular type of motion. For example: “Mike, I’m thinking of filing a motion __ _______________, but don’t want to disclose any confidences.”

Typically, I reply with something like: “I think it’s best to cite one of the reasons that appears in the rule, then, if asked for more by the court, answer, but only by providing the information necessary to respond to the court’s specific question. And, even then, the motion doesn’t give you license to start blabbing about the case.”

For purposes of this column, #102 is sufficiently close to ’02, as in 2002.

This week, the United States Supreme Court heard an appeal of a criminal case in which defense counsel conceded a client’s guilt over the client’s objection. Now, the client is on death row. Although styled as a 6th Amendment, effective assistance case, it also involves ethics. Rule 1.2(a) makes it very clear that the decision whether to plead guilty belongs to the client. I intend to blog on the case, either tomorrow or next week.

In any event, in 2002, Halle Berry won the Academy Award for Best Actress for her role as the widow of a man who had been executed for his crime. The movie also starred Billy Bob Thornton, Heath Ledger, Peter Boyle, Sean Combs, and Mos Def.

Yes, I realize that I just broke last week’s promise never again to reference Puffy.